Terms of Use

Hi 👋
I'm Waveful, the creator-friendly social network where everyone can become a creator 🌊

Before diving in a more formal explanation of our Terms of Use, let me briefly tell you my mission 🚀
My goal is to be a social network where everyone can share their passions and feel welcomed in a comfortable and positive environment; where creators can thrive and where users can enjoy original content, find new meaningful connections and have fun. I hope I'm doing well in this, but you be the judge!

To allow the accomplishment of this mission I set some rules for everyone to follow, so I can provide a safe place for everyone.
I hope you understand that these rules are here not for giving you any inconvenience but for allowing an enjoyable experience to every user.
Therefore, content that can lead to a negative or harmful environment cannot be posted on Waveful.

Now I'll leave you to a more formal explanation of my Terms of Use, and thanks for being here!

About Waveful

This website, the Waveful app and the Waveful Service are operated by Waveful S.R.L., registered as an Innovative Startup in the Italian Business Register with VAT registration Number IT12343330960 and registered office at Via Daniele Manin 3, 20121, Milan, Italy.

Updates

Last revise: February 3, 2021

Introduction

Thank you for using the Waveful platform. These Terms of Use govern your use of Waveful and provide information about the Waveful Service, outlined below. When you create a Waveful account or use Waveful, you agree to these terms.

The Waveful Service

We agree to provide you with the Waveful Service. The Service includes all of the Waveful products, features, applications, services, technologies, and software that we provide. The Service allows you to discover, watch, share photos, videos and other content, and provides you with methods for content interactions (like comments, likes, messages and others). Our mission is to develop an environment for creators to share and create what they love, and for users to have a beautiful place where to enjoy original content.

Data Policy

Providing our Service requires collecting and using your information. The Privacy and Data Policy explains how we collect and use information.

Your Use of the Service

Who Can Use Waveful

We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law.

• You must be at least 13 years old.
• We must not have previously disabled your account for violation of law or any of our policies.
• If you are using the Service on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

What You Can’t Do On Waveful

Providing a safe and open Service requires everyone’s contribution, therefore these things cannot be done on Waveful:

• You can't impersonate others
  You don't have to disclose your identity on Waveful, but you must not impersonate someone you aren't, and you can't create an account for someone else unless you have their express permission.
• You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
• You can't violate (or help or encourage others to violate) these Terms or our policies.
  A violation also occurs if one of your posts, your account or a Waveful Tsunami you own or majorly contribute to presents one or more of these characteristics:
  
  1. Presence of nudity or sexual activity
  2. Presence of hate speech or symbols
  3. Instigation of violence or dangerous organizations
  4. Sale of illegal or regulated goods
  5. Targeted bullying or harassment
  6. An intellectual property violation
  7. Suicide intentions or instigations, presence of self-injury or eating disorders
  8. An attempt to scam or fraud
  9. Voluntary diffusion of unequivocally false information
  ‍
  The occasional or persistent violation of these community guidelines could result in your content deletion or account disabilitation or deletion. Read more in ‘Content Removal and Disabling or Deleting Your Account’ paragraph. Report any posts, accounts or categories you think violate these guidelines with the report system provided by the Waveful app. If you own or administer a Tsunami, remove from the Tsunami posts you think violate these guidelines.
• You can't do anything to interfere with or impair the intended operation of the Service.
• You can't attempt to create accounts or access or collect information in unauthorized ways.
  This includes creating accounts or collecting information in an automated way without our express permission.
• You can't attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.
• You can't post private or confidential information or do anything that violates someone else's rights, including intellectual property.

Permissions You Give to Us.

As part of our agreement, you also give us permissions that we need to provide the Service.

• We do not claim ownership of your content, but you grant us a license to use it.
  Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (this simply means that, for example, we can show the content you own on Waveful in the most appropriate format and in different sections of the app). You can end this license anytime by deleting your content. However, content will continue to appear if you shared it with others and they have downloaded a copy of it (we physically won't be able to do anything about that).
• Permission to use your username, profile picture, and information about your relationships and actions with others accounts (such as Superlikes and followers).
• You agree that we can download and install updates to the Service on your device.

Additional Rights We Retain

• If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).
• If you create a Tsunami or select a Tsuname, we may change it or change its owner if we believe it is appropriate or necessary (for example, if it is popular enough and frequently utilized by users but not properly managed).
• If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
• You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

Content Removal and Disabling or Deleting Your Account

We can remove any content or information you share on the Service if we believe that it violates these Terms of Use, our policies, or we are required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including deleting or disabling your account) immediately if you: clearly, seriously or repeatedly violate these Terms of Use, our policies, if you repeatedly infringe other people's intellectual property rights, or where we are required to do so by law. If we take action to remove your content for violating our Community Guidelines, or disable or terminate your account, we will notify you where appropriate.

Limitation of Liability

Except as required by applicable law, Waveful and its affiliates will not be responsible for any loss of profits, revenues, business opportunities, goodwill, or anticipated savings; loss or corruption of data; indirect or consequential loss; punitive damages caused by:

• Errors, mistakes, or inaccuracies on the Service
• Personal injury or property damage resulting from your use of the Service
• Any unauthorized access to or use of the Service
• Any interruption or cessation of the Service
• Any viruses or malicious code transmitted to or through the Service by any third party (for example if you visit an external link that contains such malicious code; before clicking a link always make sure you trust the person publishing it!)
• Any content whether submitted by a user or Waveful, including your use of content
• The removal or unavailability of any content

This provision applies to any claim, regardless of whether the claim asserted is based on warranty, contract, tort, or any other legal theory.

Third-Party Links

The Service may contain links to third-party websites and online services that are not owned or controlled by Waveful. Waveful has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service, we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

About this Agreement

We may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. Waveful will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review them, except that modifications addressing newly available features of the Service or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should remove any content you have uploaded and discontinue your use of the Service.

If you stop actively using the Service, the terms of this Agreement will continue to apply to you (this simply means that, for example, if you don't open the Waveful app the terms will still continue to apply).

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).

In these terms, “for example”, “such as”, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.

For further information or clarification, contact us at termsofuse@waveful.app.

Effective as of December 12, 2020.